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HomeMy WebLinkAbout248-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 248-21 File Number: 2021-0752 BID #21-59 CENTRAL SALT, LLC: A RESOLUTION TO AWARD BID # 21-59 AND AUTHORIZE THE PURCHASE OF BULK CRUSHED ROCK SALT FROM CENTRAL SALT, LLC FOR $80.00 PER TON FOR MATERIALS PICKED UP AND $94.25 PER TON FOR MATERIALS DELIVERED AS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid # 21-59 and authorizes the purchase of bulk crushed rock salt from Central Salt, LLC for $80.00 per ton for materials picked up and $94.25 per ton for materials delivered as needed. PASSED and APPROVED on 10/19/2021 Attest: `,,trttttttrtr �����CV.. �K / Tghiz 'Ai1;:1€t V4? Kara Paxton, City Clerk Treasurer: Page 1 *,t.d on 1YM@1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2021-0752 Agenda Date: 10/19/2021 Version: 1 Status: Passed In Control: City Council Meetinq Agenda Number: A.2 BID #21-59 CENTRAL SALT, LLC: File Type: Resolution A RESOLUTION TO AWARD BID # 21-59 AND AUTHORIZE THE PURCHASE OF BULK CRUSHED ROCK SALT FROM CENTRAL SALT, LLC FOR $80.00 PER TON FOR MATERIALS PICKED UP AND $94.25 PER TON FOR MATERIALS DELIVERED AS NEEDED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid # 21-59 and authorizes the purchase of bulk crushed rock salt from Central Salt, LLC for $80.00 per ton for materials picked up and $94.25 per ton for materials delivered as needed. City of Fayetteville, Arkansas Page 1 Printed on 10/20/2021 City of Fayetteville Staff Review Form 2021-0752 Legistar File ID 10/19/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Terry Gulley Submitted By 9/22/2021 TRANSPORTATION SERVICES (410) Submitted Date Division / Department Action Recommendation: A resolution awarding Bid 21-59 to and authorizing the purchase of bulk crushed rock salt from primary supplier Central Salt, LLC for a unit price of $80.00 per ton if picked up or $94.25 per ton if delivered. Budget Impact: 2100.410.4120-5204.00 Account Number Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget 2100 - Street Fund Project Title $ 70,000.00 $ 70,000.00 $ $ 70,000.00 V20210527 Purchase Order Number: Change Order Number: Original Contract Number: Previous Ordinance or Resolution # Approval Date: Comments: The "item cost" box has been left blank because the exact item cost will vary depending upon the Transportation Division's fluctuating needs based on the severity of the next winter weather season. P � CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 19, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Terry Gulley, Transportation Services Director DATE: September 22, 2021 SUBJECT: Bid 21-59, Bulk Crushed Rock Salt CITY COUNCIL MEMO RECOMMENDATION: A resolution awarding Bid 21-59 to and authorizing the purchase of bulk crushed rock salt from primary supplier Central Salt, LLC for a unit price of $80.00 per ton if picked up or $94.25 per ton if delivered. BACKGROUND: The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to implement projects outlined in the Capital Improvements Program and Annual Budget and Work Program. DISCUSSION: Sealed bids in accordance with State statutes, City ordinances, and purchasing procedures were publicly read and the results are attached to this memo. BUDGET/STAFF IMPACT: Funds for the acquisition of these materials have been budgeted in Street Fund. Bulk crushed rock salt will be purchased on an "as needed" basis with payment remitted via procurement card. Attachments: Bid 21-59 Tabulation Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 727O1 CITE' OF ii FAYETTEYILLE ARKANIAS BID TABULATION BID 21-59, BULK CRUSHED ROCK SALT Total Cost Cargill, Inc- Salt, Road Safety $0.00 Central Salt, LLC $55,125.00 Quantity Required Unit Total Unit Total # Items Description (in Price Cost Price Cost Tons) Medium Crushed Clean Rock Salt for Snow and Ice Removal: Maximum size 3/8 inch with no more than 5% greater than 3/8" in the mix, #0-1 meeting AHTD specifications — DELIVERED to the City of Fayetteville, 500 $ - $ - $ 94.25 $ 47,125.00 1525 S. Happy Hollow, Fayetteville, AR 72701 —Through July 31, 2021/ *Salt Producer: Medium Crushed Clean Rock Salt for Snow and Ice Removal: Maximum #0-2 size 3/8" with no more than 5% plus 3/8" in the mix, meeting AHTD 100 $ $ $ 80.00 $ 8,000.00 specifications— PICKED UP BY the City of Fayetteville —Through July 31, - - 2021 *Salt Producer: *NOTICE: Final Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CITY OF ��A4ILLE ARKANSAS 21-59, Bulk Crushed Rock Salt Project Overview Project Details Project Owner Project Type Department Project Description Open Date Close Date Amanda Beilfuss ITB Purchasing The City of Fayetteville is accepting sealed bids from properly licensed professionals to bid on the purchase of bulk crushed rock salt for snow and ice removal. Any questions concerning the bidding process should be addressed to Amanda Beilfuss, City of Fayetteville Purchasing Agent, at abeilfuss@fayetteville-ar.gov or by calling (479)575-8258. Jun 04, 2021 2:00 PM CDT Jun 22, 2021 3:00 PM CDT Highest Scoring Supplier Central Salt, LLC Score Pass CITY OF ��A4ILLE ARKANSAS Seal status Requested Information Unsealed on Unsealed by AR Secretary of State Filing # Jun 22, 2021 3:01 PM CDT Amanda Beilfuss Physical address of the salt pickup location Address (City, Jun 22, 2021 3:01 PM CDT Amanda Beilfuss State, Zip) Bid 21-59, Required Bid Form Jun 22, 2021 3:01 PM CDT Amanda Beilfuss Bid 21-59, Bid Form (BT-38JQ) Jun 22, 2021 3:01 PM CDT Amanda Beilfuss Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Amanda Beilfuss Jun 22, 2021 3:01 PM CDT No CITY OF P FAYETTEVILLE ARKANSAS Questions and Answers TR International Trading Company Bid Tab Karen Wheaton, Jun 10, 2021 11:52 AM CDT Can you post the last bid tab? CITY OF P FAYETTEVILLE ARKANSAS Public Notices Addendum 1 issued to Bid 21-59, Bulk Crushed Rock Salt Amanda Beilfuss, Jun 10, 2021 2:50 PM CDT - Project Public Files changed Addendum 1 has been issued to Bid 21-59, Bulk Crushed Rock Salt and is available in the public files as "Bid 21-59, Addendum 1". Please direct all questions to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov. CITy OF FAYETTEVILLE ARKANSAS Submissions Supplier Date Submitted Name Email salt_customercareroadsafety@cargill. Cargill, Inc- Salt, Jun 22, 2021 2:41 PM CUSTOMER CARE Road Safety CDT Central Salt, LLC Jun 18, 2021 10:04 AM Lori Young lyoung@centralsalt.com CD Confirmation Code corn MTQ4NjQ4 MTQ4MDM0 CITy OF FAYETTEVILLE ARKANSAS Project Criteria Criteria Points I Description Total Base Bid 100 pts Passed Specifications Pass/Fail Total 100 pts FAYETTEVILLE ARKANSAS Scoring Summary Active Submissions Supplier Cargill, Inc- Salt, Road Safety Central Salt, LLC Total /100 pts Total Base Bid / 100 pts 0 pts 0 pts ($0) 100 pts 100 pts ($55,125.00) Passed Specifications Pass/Fail Fail Pass FAYETTEVILLE ARKANSAS Proposal Score Comments Cargill, Inc- Salt, Road Safety - Scoring Comments Total Base Bid - Reviewer Scores Reviewer Score Reason Comments Amanda Beilfuss 0 pts ($0) Passed Specifications - Reviewer Scores No Bid Reviewer Score Reason Comments Amanda Beilfuss Fail Incomplete response No Bid CITy OF FAYETTEVILLE ARKANSAS Central Salt, LLC - Scoring Comments Total Base Bid - Reviewer Scores Reviewer Score Amanda Beilfuss 100 pts ($55,125.00) Passed Specifications - Reviewer Scores Reason Comments Total base bid. Reviewer I Score Reason I Comments Amanda Beilfuss I Pass I Meets the requirement(s) I Total base bid of $55,125.00 CITY OF FAYETTEVILLE ARKANSAS Signatures Name Amanda Beilfuss (Project Owner) Amanda Beilfuss (Evaluator) Andrea Foren (Evaluator) Signatures Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2021.06.25 11:35:10 -05'00' Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2021.06.25 11:35:21 -0500' Andrea Foren Digitally signed by Andrea Foren Date: 2021.06.25 12:48:09 -05'00' CITY OF FAYETTEVILLE 113 W. Mountain St. Fayetteville, AR 72701 ARKANSAS Phone: 479.575.8258 TDD (Telecommunication Device for the Deaf): 479.521.1316 City of Fayetteville, Arkansas Purchasing Division — Room 306 INVITATION TO BID: Bid 21-59, Bulk Crushed Rock Salt DEADLINE: Tuesday June 22, 2021 before 3:00 PM, Local Time ACCEPTABLE DELIVERY METHODS: (1) City's third -party bidding platform, OR (2) Sealed and delivered directly to the City of Fayetteville as instructed in the advertisement PURCHASING Manager: Andrea Foren, aforen@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Sunday, June 06, 2021 INVITATION TO BID Bid 21-59. Bulk Crushed Rock Salt No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party bidding platform, Bonfire, or, (2) delivering in person via sealed envelope. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Central Salt, LLC Contact Person: I nri Young Title: Customer Service Supervisor E -Mail: lyoung(@centralsalt.com Phone: 620-257-5626 ext 7821 Business Address: 1420 State Hwy 14 City State: KS Zip: 67554 Signature. Date: June 1 f,, 2021 City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 1 of 16 City of Fayetteville Bid 21-59, Bulk Crushed Rock Salt Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-59, Bulk Crushed Rock Salt The City of Fayetteville is accepting sealed bids from properly licensed professionals to bid on the purchase of bulk crushed rock salt for snow and ice removal. Any questions concerning the bidding process should be addressed to Amanda Beilfuss, City of Fayetteville Purchasing Agent, at abeilfuss@fayetteville-ar.gov or by calling (479)575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.faVetteville-ar.gov/bids. All bids shall be received by Tuesday, June 22, 2021 before 3:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical bid. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Amanda Beilfuss, Purchasing Agent P: 479.575.8258, abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of Advertisement: 06/06/2021 City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 2 of 16 Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to submit a physical sealed bid. City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 3 of 16 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. x 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid•21-59, Bulk Crushed Rock Salt Page 4 of 16 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Central Salt, LLC Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name Central Salt, LLC *BUSINESS ADDRESS: 1470 State Hwy 14 *CITY: *STATE: KS *ZIP: 67554 *PHONE: 620-257-5626 FAX: 620-257-5052 *E-MAIL: lyoung@centralsalt.com *BY: (PRINTED NAME) Lori Youn *AUTHORIZED SIGNATURE: *TITLE: Customer Service Supervisor DUNS NUMBER: 61-209-1405 *TAX ID NUMBER: 43-1788697 Acknowledge Addendums: CAGE NUMBER: Addendum No. 1 Dated: June 10, 2021 Acknowledged by: Lori Young Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 5 of 16 City of Fayetteville Bid 21-59, Bulk Crushed Rock Salt General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.faVetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City shall not be responsible for misdirected bids. Vendor should call the Purchasing Office at • 479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders must have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non-negotiable. • Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. I. Bid pricing shall remain good and firm until July 31, 2022. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Manager. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. . RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 6 of 16 In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract With The City". b. All bidders shall promptly notify Andrea Foren, City Purchasing Manager, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. ' WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. 9. , LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. City of Fayetteville, AR Bid'21-59, Bulk Crushed Rock Salt Page 7 of 16 b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTTO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 8 of 16 • should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18: CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 9 of 16 unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an • attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the - Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 10 of 16 original bid documents. 25. CERTIFICATE OF INSURANCE: The successful bidder shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. This bid is considered a public improvement bid. Public improvement bids with a total of $20,000 or more shall submit certificates of insurance within 10 days of notice of notice to proceed, after City Council approval. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet; the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation: Statutory Amount Comprehensive General & Automotive Liability: $250,000 each person $500,000 aggregate. Property Damage Liability: $100,000 aggregate. 26. PRICING: a. In the event of a general price schedule decrease during the contract period, the City shall be guaranteed full benefit of the price reduction for all undelivered orders on the effective date of the decrease and thereafter. Contractor guarantees against increases in quoted price for the first year of the contract period. Thereafter in the event contractor's manufacturer/supplier increasesthe general price schedule, the contractor may submit a price adjustment request to the Purchasing Office (Andrea Foren — aforen@fayetteville-ar.gov). The price adjustment request will be accepted so long as the requested increase in prices does not exceed the direct price increases published in the manufacturer's revised general price schedule (for example if manufacturer's price increases $.10/unit, he may request an adjustment not to exceed $.10/unit in the contract award price) The contractor shall submit a letter from the manufacturer certifying the increased cost with each price adjustment request. All adjusted prices must be competitive with the prevailing market price. b. The City reserved the right to reevaluate bidders in their standing in the event of a vendor price increase. 27. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 11 of 16 c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Andrea Foren immediately via telephone (479.575.8256) or e-mail (aforen@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Andrea Foren, City of Fayetteville, Purchasing Manager via e-mail (aforen@fayetteville-ar.gov) or telephone (479.575.8256). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 12 of 16 m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 28. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 29. ATTACHMENTS TO BID DOCUMENTS: a. Attachment A — Arkansas State Highway and Transportation Department (AHTD) Specifications for Rock Salt. This specification has been slightly modified for use by the City. City of Fayetteville Bid 21-59, Bulk Crushed Rock Salt Detailed Specifications City of Fayetteville, AR Bid,21-59, Bulk Crushed Rock Salt Page 13 of 16 1. GENERAL: Bid prices should exclude applicable taxes; however, sales tax must be charged on all invoices submitted for payment as applicable to local, state, and federal law. All materials delivered shall be FOB Transportation Department, 1525 S. Happy Hollow Rd., Fayetteville, AR, 72701 on an "AS NEEDED BASIS". Quantities are estimates only and are not guaranteed. The City reserves the right to award bids all, none, or by line item. The City also reserves the right to deviate from estimated purchase quantities. Bid prices shall be valid through July 31, 2022 unless price schedules are changed by contractor's manufacturer/supplier. In the event of a general price schedule decrease during the contract period, the City shall be guaranteed full benefit of the price reduction for all undelivered orders on the effective date of the decrease and thereafter. Contractor guarantees against increases in quoted price for the first thirty (30) days of the contract period. Thereafter in the event contractor's manufacturer/supplier increases his general price schedule, he may submit a price adjustment request to the Purchasing Office (Andrea Foren — aforen@fayetteville-ar.gov). The price adjustment request will be accepted so long as the requested increase in prices does not exceed the direct price increases published in the manufacturer's revised general price schedule (for example if manufacturer's price increases $.10/unit, he may request an adjustment not to exceed $.10/unit in the contract award price). The Contractor shall submit a letter from the manufacturer certifying the increased cost with each price adjustment request. All adjusted prices must be competitive with the prevailing market price. Standing purchase orders will be issued and orders will be placed as needed by the using department. The City of Fayetteville offers an alternate payment method via a P -Card (Visa card.) Payments received by this method are not required, however, use of accepting payment via P -Card is encouraged as it allows payments to vendors within 24-48 hours as opposed to a net 30 -day processing period. Items bid shall meet Arkansas Highway Department specifications for the item(s) bid with the following exception: Aggregate size shall not exceed 3/8" more than 5% plus 3/8" maximum. g. Handling and storage: Vendors shall avoid humid or wet conditions as products will cake and harden when exposed to moisture, humid, or wet conditions. Truck sizes used for delivery are at bidders discretions, but the City will order in 25 ton increments. h. Products bid shall be useable for snow and ice removal on streets, bridges, etc. Products bid shall be composed of the following minimum conditions: i. Chemical Product Name: Sodium Chloride (Salt) ii. Chemical Family: Alkali Metal/Halide iii. Commercial Name: Ice Control Salt iv. Physical form: White crystalline solid with slight halogen odor v. Color: White to opaque j. The City intends on purchasing a minimum of 200 tons per order. City agrees to place orders in 25 -ton increments k. The City shall be able to purchase additional quantities as needed based on weather conditions City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 14 of 16 I. All deliveries shall be by truck load in bulk, loose manner. The City will not accept any deliveries containing packaged product. m. Deliveries shall be made between the hours of 7am and 2pm. Approval to deliver outside of this timeframe can be requested from the City prior to delivery. n. Tonnage for invoices shall be based on the amount of tons delivered as figured and documented by the City of Fayetteville scales. Bidder's delivery driver shall follow the requirements and procedures listed below to arrive at invoicing tonnage o. Bidder's delivery driver shall weigh-in and weigh -out for EACH delivery on the scales located at the City of Fayetteville, Recycling and Trash Collection Facility. These scales are located next to the FOB destination listed in the bid documents and will be provided by the City of Fayetteville at no fee to the bidder. The tonnage paid on each invoice shall be based on the difference in weights (tonnage) as shown on the weigh tickets. All weigh -out and weigh-in tickets shall be provided to the City immediately following delivery. The City will be available to make copies of the weigh tickets and provide them to the delivery driver at no additional fee. The City is also willing to e-mail scanned copies to a representative of the bidder once the City is provided with contact information. q. With the exception of extreme weather conditions that affect the entire United States, bidder shall deliver materials within fourteen (14) calendar days from the date order is place by the City. r. When an order is needed, the City shall evaluate bid pricing in accordance with the weather situation, availability of vendors, and complete turn -key cost for obtaining the product. Such evaluation will include a comparison of deliver time in association with cost of the City to pick up materials a bid price relation to overhead, hourly rates of drivers, fuel, vehicle usage, etc. s. Line Item 1: Shall be bid as the price per ton to deliver specified salt to the City's Transportation Division, located at 1525 S. Happy Hollow Rd., Fayetteville, AR 72701. Pricing shall include delivery, product, fuel charges, etc. to get the product on side from bidder's storage facility. Bid pricing shall not include taxes; however, tax shall be applied upon invoicing. Bids shall also be priced per Attachment A — AHTD Rock Salt Specifications, as further outlined. t. Line Item 2: Shall be bid as the price per ton for the City of Fayetteville Transportation Division to pick up product. Pricing shall include any associated loading fees, etc. There is no preference for dump or hopper. Awarded vendor shall be responsible for loading product into City trucks. Bid pricing shall not include taxes; however, tax shall be applied upon invoicing. Bids shall also be priced per Attachment A — AHTD Rock Salt Specifications. i. The City of Fayetteville only anticipates picking up salt in the event of an emergency when salt is needed but no delivery can be made in an acceptable amount of time. City of Fayetteville Bid 21-59, Bulk Crushed Rock Salt Attachment A: AHTD Rock Salt Specifications (modified for City use) City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 15 of 16 SPECIFICATIONS FOR ROCK SALT: 2-27-2008 1. SCOPE: These specifications cover rock salt for ice removal 2. DESCRIPTION: Rock salt used for ice removal shall be produced by crushing natural deposits of sodium chloride. Material produced by recrystallization of salt solutions shall not be accepted. 3. CHEMICAL COMPOSITION: The rock salt shall conform to the following requirements as to chemical composition: Sodium chloride (as NaCI), Minimum percent 95.0% 4. GRADING: The rock salt shall conform to the following gradation requirements as determined by laboratory sieves (U.S. Standard Sieve Series): Sieve Designation Percent Passing 3/8 inch 100 (with the exception of 5% greater than 3/8") No. 4 85-100 No. 8 15-35 No. 30 0-15 5. PACKAGING AND MARKING. The rock salt shall be delivered in bulk quantities using no bags or sacks. Orders will be placed in 25 -ton increments. The percentage of sodium chloride guaranteed by the manufacturer shall be noted on the shipping report or legibly marked on the containers. When delivery is by bulk, the manufacturer shall furnish certified analysis giving sodium chloride content of the rock salt furnished. Deliveries shall have no more than 5% product greater than 3/8". 6. SAMPLING AND TESTING. The rock salt shall be sample and tested in accordance with AASHTO M 143 and AASHTO T 27. If the material is sampled after delivery, it is understood that a 0.5 percent (%) variation in content of sodium chloridefrom the chemical composition prescribed in Section 3 shall be permissible. 7. REJECTION. The rock salt may be rejected if it fails to conform to any of the requirements of these specifications. The material shall be rejected if not received in a free -flowing usable condition. City of Fayetteville, AR Bid 21-59, Bulk Crushed Rock Salt Page 16 of 16 Primary Responses Success: All data is valid! Numeric Bid/No Bid Decision Medium Crushed Clean Rock Salt for Snow and Ice Removal: Maximum size 3/8 inch with no more than 5% greater than 3/8" in the mix, meeting Success: All values provided Bid #0-1 AHTD specifications — DELIVERED to the City of 500 $ 94.25 $ 47,125.00 Fayetteville, 1525 S. Happy Hollow, Fayetteville, AR 72701 - Through July 31, 2021 *Salt Producer: Medium Crushed Clean Rock Salt for Snow and Ice Removal: Maximum size 3/8" with no more than 5% plus 3/8" in the mix, meeting AHTD Success: All values provided Bid #0-2 specifications — PICKED UP BY the City of 100 $ 80.00 $ 8,000.00 Fayetteville — Through July 31, 2021 *Salt Producer: 6/23/2021 Back to Project Proposal Data Bid 21-59, Bulk Crushed Rock Salt - Proposal Data Supplier Cargill, Inc- Salt, Road Safety Scorecard J Open... Central Salt, LLC Scorecard Open... Show/Hide O Search Physical address of the salt pickup location Address (City, State, Zip) tit, LLC 1420 State Hwy 14 Lyons, KS 67554 0000000 12038320 https://fayetteville-ar.bonfirehub.com/projects/45849/proposal Data 1/1